Malibu Media (X-Art) Cases In Colorado (Little Bo-Peep Has Lost Her Sheep)

Bo-peep1As  life moves on and we are faced with a multitude of changes, sometimes the “little things” escape our attention.  In the BitTorrent (BT) Copyright Troll realm, the continual filings of Malibu Media LLC/X-Art/Keith Lipscomb, is seen as a relative norm.  Recently a nice person commented that in the State of Colorado, Malibu media LLC/X-Art hasn’t filed a case since 10 Oct 14 (over 130 days).  Now I don’t believe local CO Troll Jason Kotzker has somehow persuaded BT users not to share their movies.  Not that the people behind the law suits really want the activity to stop.  So what is going on?

I will note that on 26 Nov 14 (over 80 days ago), Troll, Jason Kotzker, filed 11 Good Man Productions, Inc. (GMP), and 3 Poplar Oaks, Inc. (POI), cases in CO.  Since then, the only activity I have seen in CO, is for Dallas Buyers Club (21 Jan 15 – Troll Stephenson) and Countryman NV (5 Dec 14 – Troll Kannady).

I know Keith Lipscomb (and the behind-the-scene-Germans) have not grown a conscience and decided to stop filing these cases, so I’m intrigued.  I know they are still busy as Malibu Media, GMP, and POI, have filed cases as of 18 Feb 15 (MI, MD, & PA).   Here is a news story.

Malibu Media QuoteIt is also worthy to note how busy Malibu Media/Lipscomb are in trying to force an innocent Defendant to settle or walk-away.  Fightcopyrighttrolls Article.

It may be that the CO court has started to tire of the constant filings and repeated delay requests/extensions by the Troll and the obvious avoidance tactics used when a Defendant want to conduct Discovery against Troll/Plaintiff.

I will say I thought I did notice something small while reading over the various documents in the now-dismissed Malibu Media LLC v. Butler case, 1:13-cv-02707.   I can’t put my finger on it, but the court did not seem as open and accommodating to the Troll.  I will have to do further review.

Here are some other things that may be making Malibu Media/X-Art rethink its filing in CO

Early Settlement Conferences (ESC) – More defense attorneys are requesting early settlement conferences with the courts.  If an ESC is approved, all parties have to physically come to court and hash out a reasonable settlement in front of a mediator (can be the magistrate judge).  In CO it is often Judge Hegarty for these cases.  In general, the Troll/Plaintiff is not likely to get as large of a settlement from an ESC – in comparison to one obtained from threatening the Defendant with financial ruin.  The mediator is going to evaluate a Defendant’s financial situation and push the Plaintiff to play fair.  This is a very viable tactic for any Defendant who will most likely be settling anyway.  This of course cuts back on Troll Lipscomb’s profit margin.

Innocent Defendants Fight Back – Malibu Media/X-Art/Troll Lipscomb’s business model is built on the keystone of being profitable.  Remember this has nothing to do with “Stopping Piracy.”  Having to spend time and money dealing with a non-settling Defendant is exactly where the BT Copyright Troll business model does not wish to be – as can be seen by their past efforts to avoid discovery and trial so strongly.  The PA Bellwether was a “show trial.” Even as a show trial, it wasn’t cheap for the Trolls.  Both Colette and Brigham probably also don’t want to have to repeatedly travel to various jurisdictions for depositions and trials – they have their lives and these law suits are only supposed generate some money for them.  Even if it only reaches the discovery phase, Troll/Plaintiff is not going to be happy when a Defendant wants to examine Malibu’s operations, finances, and the BT monitoring/collection apparatus run out of Germany.  Troll/Plaintiff can only sidetrack, delay, and threaten before a court realizes what they are up to.  A trial, even a simple one takes a considerable amount of time and money to prepare for and run – estimate a minimum $50K per side.  Plus there is no guarantee the Troll/Plaintiff will come out on top or be given all of its requested costs/fees.  If it turns out bad (Like Elf-Man v. Lamberson (WA)), the Plaintiff could have to pay the Defendants cost/fees.  Even if the Troll does obtain a huge default award (i.e. $150K+) against a Defendant, collecting the money is going to be hard at best – much easier to collect a few thousand dollars and move on to the next case.  The various default judgments are mostly for show, as collecting money from people who default can be difficult.

Being A BT Copyright Troll Attorney Must Test Your Conscience – Even if the local Troll attorneys truly believe they are fighting piracy (a delusion IMO), most people are not going to enjoy repeatedly squeezing settlements out of people for downloading/sharing X-Art movies.  Many of the Troll attorneys only started up with Lipscomb because they needed money to survive.  Once the Troll money is in your pocket, it can be very hard for an attorney to walk away.  It will also be hard to find other work once an attorney’s name is soiled by working these cases and associating with Lipscomb.  Here is my advice to any attorney who thinks the smell and stain of association with Lipscomb and company will not last.  Think again – think real hard.  And make sure you ask Kotzker if it is worth it.  I understand many young attorneys are simply trying to make ends meet, but this is probably not the way to go.  Unless you at the top of this business model – Lipscomb/Anti-Piracy Management Company (APMC), you are just a little fish and paid accordingly.  I’m sure A. Jordan Rushie will beg to differ – comments are welcomed.

Flawed Business Model – The genie is out of the bag when it comes to file sharing via BT.  Copyright infringement is clearly against the law, but there is NO way anyone is going to stop it either.  Going after people who cannot afford a monthly Web site subscription is not going to prevent it.  Even if a Troll/Plaintiff does believe this, their actions are clearly ineffective as they do NOT file in most of the US jurisdictions or in other parts of the world.  The best they do is collect settlement money from some of the BT users.  This may seem acceptable to Malibu Media, but it will also drive people away from their brand and others to employ Web Proxys/VPN to continue to run BT.  Plus if they were truly interested in reducing the number of infringements, they would watermark their movies with a code tied back to the purchasing customer (name, email, IP address, credit card info, etc.).  They could also send out DMCA take-down notices to the ISP subscribers – something they do NOT do.  Not a perfect solution, but it is better than what they are currently doing.  BUT then Lipscomb/APMC will lose out.  Go Figure – follow the money.

Who knows, maybe I completely wrong and Malibu Media LLC is going to file more cases in CO.  We will see.  To all the Troll lawyers (past & present) the comment section is open and waiting.  I promise I will not edit or delete them.  You can also make them anonymously if you please or email me directly – Dietrolldie@dietrolldie.com.

DieTrollDie 🙂   “Look, let’s start with some tough love. You two suck at peddling meth. Period.”  {Saul Goodman, Breaking Bad}

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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5 Responses to Malibu Media (X-Art) Cases In Colorado (Little Bo-Peep Has Lost Her Sheep)

  1. JRoberts says:

    Your pleadings are to those with a broken moral compass. Seriously these are people making a living producing porn. And Malibu Media/X-Arts porn is very lame and boring. Their subscribers are likely 8 to 13 year boys. Most of their Euro trash young teens do not look old enough to get a driver’s license.

    • DieTrollDie says:

      Yes, well if Kotzker has moved on, I expect Lipscomb will try to hire a new attorney. There are two other CO Troll attorneys. Not sure of they could/would work for Lipscomb.

      DTD 🙂

  2. DieTrollDie says:

    So if there is no more Malibu Media/X-Art cases filed by Kotzker, what will Lipscomb do? As there is already two other Troll attorneys already in CO (Stephen & Kannady), he could try to recruit them. They don’t have a history of working porn cases, so I think Lipscomb will have a hard time with this. It is one thing to work BT cases for crap movies and owners – but add porn and it reaches a level many don’t want to stoop to. He may find a new fool, so we wait and see.

    DTD 🙂

  3. Pingback: Troll Keith Lipscomb And Crew File New BT Copyright Troll Law Suits (Manny Film LLC) | DieTrollDie

  4. Pingback: Colorado Postings – Motion To Quash (Mechanic: Resurrection) & Jason “Jay” Kotzker – Life After BT Copyright Trolling | DieTrollDie

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